Homework: 9th amendment research questions on Monday

FrontPage: Have research questions on your desk.

Respond to this statement: “It is better to let ten guilty people go free

than to imprison one innocent person.”

THE RIGHTS OF THE ACCUSED

The Rights of the Accused Why is it important to give rights to accused

persons?

The 5th Amendment (abridged)

No person shall be held to answer for a capital…crime…unless on indictment by a

grand jury; nor shall any person be subject for the same

offence to be twice put in jeopardy…; nor…in any criminal case to be a witness

against himself, nor be deprived of life, liberty, or property,

without due process of law; nor shall private property be taken…, without

just compensation.

Protections in the 5th Amendment

Grand jury necessary to bring indictment against a person in a capital (serious) federal crime

Protection against self-incrimination and double jeopardy

Prosecutor also cannot make an argument based on this fact

“Due Process” Requires the government to

follow all rules of procedure before they can take a person’s life, liberty or property.

Just compensation

Escobedo vs. IllinoisThe Chicago police brought in Danny Escobedo on suspicion that he had shot and killed his brother-in-law and proceeded to question him at length. Escobedo repeatedly asked to see his lawyer, but his requests were denied. After a long night at police HQ, he made some incriminating statements and

was eventually convicted with the help of these statements.

Result/Impact: The Supreme Court rules that if a suspect’s rights

are violated, any evidence gained as a result can be thrown out In effect, creates an “Exclusionary rule” for the

5th amendment

Doe vs. Arizona John Doe was arrested and questioned by police officers regarding the rape and kidnapping of an Arizona woman. Police immediately questioned him and eventually, Doe confessed to the rape.

Police officers used this confession at his trial and Doe was convicted.

Miranda vs. Arizona

Result/Impact: The Court rules that suspects MUST be

informed of their rights upon arrest or before questioning.

Is this interpretation of the Bill of Rights controversial?

The 6th Amendment…the accused shall enjoy the right to a speedy and public trial, by an impartial

jury …, and to be informed of the nature and cause

of the accusation; to be confronted with the witnesses

against him; to have compulsory process for obtaining

witnesses in his favor, and to have the Assistance of Counsel for

his defense.

The Right to Trial Before the jury trial, accused parties were

sometimes tried by ordeal. Think of the trial by water

in which accused witches were tried. After being thrown into water, if they floated, God had

rejected them and they were guilty of the crime if they drowned, then God had accepted them

as innocent. The concept of earthly justice did not come about until the jury trial was instituted

by King Henry II in the 12th Century.

Gideon vs. WainwrightGideon was charged with breaking into a pool hall with

the intent to commit a crime. He requested a court appointed attorney, but the court denied the request. Without a lawyer Gideon was convicted and sentenced to a 5-year jail term. Gideon appealed his conviction.

Result/Impact: The Supreme Court rules that if a person cannot

afford an attorney, the court MUST appoint them one. This expanded on earlier rulings that in death

penalty cases or certain other specific situations, an attorney could be provided to a defendant

For discussion… In what situations can evidence be

considered admissible? When can defendants or accused

persons exercise their 5th amendment rights?

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